Valley Bank v. Hillside Packing Co.

This action was tried before the court without a jury, judgment was entered in favor of the plaintiff and defendant appeals. To the appeal plaintiff has not seen fit to respond, either orally or by brief.

Anna R. Close and Hattie N. Peckham borrowed $1,000 from plaintiff on a promissory note and secured such note with a mortgage on an orange crop. This was duly recorded. The mortgagors subsequently received advances from the defendant (appellant here) in different sums, amounting in all to $504.43. Concerning these advances appellant’s secretary and bookkeeper testified: “We loaned Mr. and Mrs. Close the money in order to pick and haul their crop. We advanced altogether $504.43. . . . We did not know that there was any crop mortgage upon this fruit, and it was with that understanding that the fruit was delivered to the house. . . . My understanding at that time was that the crop was clear and that the advances would be made as a first lien.” We are not informed as to the nature of this claimed lien, nor of facts which would enable us to determine whether it was a lien at all. The fruit was delivered to defendant’s packing-house and sold, bringing a net return of $727.29; $505.48…